Cartoon case has everyone sweating

The “Cartoon Case” came up before Justice Grice and a small crowd of attentive onlookers in the High Court on Thursday afternoon and it wasn’t long before people began sweating.
This is the case involving a cartoon by Kata which appeared in the CI News on 17 September 2010 and which Norman George MP alleges is defamatory. Kata is none other than Tim Buchanan who is also acknowledged as possibly our leading contemporary artist.
Norman, represented by Robert Samuel, is having a shot at CI News with both barrels. A criminal and a civil action. A young newcomer, Samuel was sworn in on Monday morning to act locally. Is he related to John Samuel?
The defendants, CI News, John Woods and Tim Buchanan, are represented by NZ based barrister Dan McLellan and local counsel Charles Little.
McLellan cannot be present as he has cases in NZ to attend to.
Sitting in the back row of the public gallery (because the Chinese architects made no provision for Court reporters at the front) one could not help but notice that all windows that could be opened, were wide open and the doors to the small outdoor balcony were also wide open. The Court registrar remarked that the air conditioning had not worked for the last seven months. Indeed the Justice Secretary himself told me he was on the point of bringing in portable air conditioning units. Staff throughout the building were suffering.
Counsel were most tolerant of the heat, waiting quietly in their dark suits, jackets and ties on, for Justice Grice to appear. When she did appear, she might have taken a moment to permit Counsel to remove their jackets and ties so they could conduct themselves more comfortably.
One hopes she will take the matter up with Chief Justice Weston who is here to hear the electoral petitions.
For those not familiar with criminal libel cases, permission of the Court is required for such a case to proceed. Initially, Norman’s case was dismissed because of this technicality.
In all, Norman is claiming substantial amounts from the defendants, more than $1.4 million all up so he cannot expect an easy ride. That became evident when Little stood to put the case for the defendants.
First, Norman’s ability to pay costs was raised. It was revealed he still had not paid costs for the earlier case which had been dismissed. Apparently Norman is waiting for government to pay him costs for the Operation Slush case. His ability to pay whatever costs might arise from the current case was raised. Little told the court these costs could be in the tens of thousands. Then the matter of the double barreled application was raised. Little indicated to the court if both were heard at the same time it would require substantial resources. Then Little raised the matter of the time the applications were filed and the short notice to properly prepare submissions. Little suggested a phone conference with McLellan next Monday to clarify where to from here.
Samuel contended these were delaying tactics and the cases needed to be dealt with promptly because it was alleged defamatory cartoons were still being produced.
Justice Grice asked both counsel to discuss a possible timetable of events to assist the court and then she adjourned the hearing until Monday at 9.15am in Chambers when NZ based counsel McLellan can make submissions.
Before leaving the court, Norman refused to comment on the fact he had been passed over by the Prime Minister for a Cabinet post. The appointments had been confirmed that morning with the swearing in of the new Cabinet at the Queen’s Representative’s residence.
“No comment!” was Norman’s response.
As if to add to problems regarding the failure of the air conditioning system, the main doors became jammed and some force was needed to open them.

By Charles Pitt

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